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17.30 Copyright-Affirmative Defense-Limitation on Liability for Information Residing on Systems or Networks

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US-JURY-9THCIR-17-30
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks is a legal defense recognized by the U.S. Copyright Act that limits the liability of a service provider for copyright infringement. This defense is applicable to service providers that store or transmit copyrighted information or materials on systems or networks. It provides that, if the service provider does not have actual knowledge of infringing information or materials, or if the service provider is not aware of facts or circumstances from which infringing activity is apparent, then it shall not be liable for copyright infringement. Types of 17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks include: — Safe Harbor Provisions: Safe harbor provisions provide immunity from liability for certain types of copyright infringement when the service provider meets certain criteria. — Notice and Takedown Procedures: Notice and takedown procedures require the service provider to remove infringing material from its systems or networks upon receiving notice of copyright infringement from the copyright holder. — Noticstayadownwn Procedures: Notice and stay down procedures require the service provider to take steps to prevent re-uploading of infringing material after it has been removed. — Designated Agent Requirements: Designated agent requirements require the service provider to designate an agent to receive notice of copyright infringement from the copyright holder, and to make this information available to the public.

17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks is a legal defense recognized by the U.S. Copyright Act that limits the liability of a service provider for copyright infringement. This defense is applicable to service providers that store or transmit copyrighted information or materials on systems or networks. It provides that, if the service provider does not have actual knowledge of infringing information or materials, or if the service provider is not aware of facts or circumstances from which infringing activity is apparent, then it shall not be liable for copyright infringement. Types of 17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks include: — Safe Harbor Provisions: Safe harbor provisions provide immunity from liability for certain types of copyright infringement when the service provider meets certain criteria. — Notice and Takedown Procedures: Notice and takedown procedures require the service provider to remove infringing material from its systems or networks upon receiving notice of copyright infringement from the copyright holder. — Noticstayadownwn Procedures: Notice and stay down procedures require the service provider to take steps to prevent re-uploading of infringing material after it has been removed. — Designated Agent Requirements: Designated agent requirements require the service provider to designate an agent to receive notice of copyright infringement from the copyright holder, and to make this information available to the public.

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17.30 Copyright-Affirmative Defense-Limitation on Liability for Information Residing on Systems or Networks